Easements

Easements

Re Ellenborough Park requirements
1. Must be DT and ST
  1. Alfred Beckett v Lyons
2. Right must accommodate the DT
  1. Right must benefit the land and not be a mere personal benefit
    1. Question is, is right attached to land or only to owner specifically?
  2. Proximity
    1. Bailey v Stephens
    2. Plots don't have to be physically adjacent but the further the separation, the harder it is to find an easement
      1. Re Ellenborough
  3. Nature of the rught
    1. Business use
      1. Contrast Moody v Steggles and Hill v Tupper
        Is right used in support of business? If so, capable of being an easement. If used as basis for business, not capable of being an easement.
3. Must be capable of being subject matter of a grant
  1. Must be capable of being granted by deed.
  2. Must be sufficiently defined
    1. William Aldred's Case
  3. New easements can be found
    1. Dowty v Wolverhampton Corporation
    2. Except if;
      1. They are negative rights
        Except; right to light and right to building support
        Prescription Act 1832
        Browne v Flower
      2. They require positive action of the ST
        Moncrieff v Jamieson
        Except maintenance of fences to keep animals in
        Bolus v Hinstorke
  4. Excessive use
    1. Moncrieff v Jamieson
      1. Does servient owner retain use and possession of servient land? If yes, use is not excessive
4. DT and ST must be owned by different people
Creation and formalities
1. Legal
  1. Must be created for the equivalent of a legal estate
    1. s1(2) LPA 1925
  2. Creation
    1. Statute
    2. Deed
      1. S52 LPA 1925
        Must satisfy provisions of S1(2) and (3) of LPA MP 1989
    3. Prescription
  3. Reg. Land
    1. Overrides: s70 LRA 1925
  4. Unreg. Land
    1. Purchasers take subject to it
2. Equitable
  1. Registered land
    1. Only legal easements can override reg. dispos.
      1. LRA 2002
  2. Unregistered land
    1. Must be registered as a land charge
  3. Created if an easement doesn't satisfy requirements of a legal easement
3. Express reservation
  1. No need for formal conveyance
    1. s.65 LPA
4. Implied reservation
  1. Necessity
    1. i.e. If the DT is land-locked and can't leave land/access highway except for over other land
      1. Pinnington v Galland
      2. Manjang v Drameh
  2. Mutual intention
5. Implied Grant
  1. s62 LPA 1925
    1. Wright v McAdam
    2. Requirements
      1. Capable grantor
      2. Common Ownership
        Odey v Barber
      3. Must be capable of being an easement
        Re Ellenborough
      4. Must have been conveyed
  2. Wheeldon v Burrows
    1. The Quasi-DT must be sold first
    2. The quasi-easement must be continuous and apparent
    3. The right must be necessary for the enjoyment of the land
6. Prescription
Similar rights
1. Public rights
  1. Right of Way
    1. 20 years Uninterrupted Use
      1. s31. Highways Act 1980
2. Profits A Prendre
  1. Usually natural produce
    1. Crops or animals
3. Restrictive Covenants

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